Tom's profile

Draft Constitution

I voted 'UP': Yet I await a response to Mr. Hackett's query.

I have enjoyed this process, I am enjoying it still, and, doubtless, there is much more enjoyment to be had. This is hardly the finished article.

As far as this 'draft' seeming too left-wing, well that is to be expected. Any move to curtail and restrain that which is currently free to do entirely as it pleases, is bound to look left-wing. However the very change from 'subject' to 'citizen' confers both great freedoms and great responsibilities, and this is where the true story of a Written Constitution emerges.

What's next?

Local elections need to work before councils are trusted with budgets

[Good man John, for reminding me to vote this up.]

I see little of the 'fudge' in this. All things statuesque began life as a formless lump of rock, we'll lick this into shape yet.

Real Sovereignty

Yes Titus, even I must grudgingly admit that there is 'something' attractive about leaving much for others to get on with.

However, as with the current promise/threat to offer-up future constitutional 'amendments' for public ratification - no matter how insincere, some form of public ownership needs to be established.

Climbing to Justice... Judiciary led access to justice

I've voted this up Ian, but I'm not entirely happy with it.

I think I understand the process that has led to 'imagining' a formal inquisitorial role for the Judge, because the same thing has passed through my own mind.

Judges do, from time to time, muse openly in with the arguments of Counsel, but they run a risk in so-doing; a risk of having their 'noses bitten off', and of becoming part of the argument as cases progress, this is especially true in Civil cases. It's less controversial the more basic the points a Judge may make.

This is less of a problem in Criminal matters for two reasons; an accused has a right to Counsel, and a great many cases go no further than Magistrate's Court.

I trust 'access to law' is something that we shall continue to debate and improve upon;a role for the Judiciary in all of this would be some improvement, but it is as yet difficult to piece together - so many of the pieces have not encountered the 'jig-saw', but we're getting somewhere.

Local elections need to work before councils are trusted with budgets

If or when it is decided that there should be any form of sub-national government, and if any part of that is to comprise elected representatives, they should at the very least impinge upon the consciousness of the electorate.

While I'm not against staggering such elections by 'region', rather than tie this to Television might it be best to to elect whole bodies at the one time? I think this is in no way against the public interest, and is sure to concentrate the minds of all involved - and I do mean ALL.

Create a national legal system

https://constitutionuk.com/category/0?q=Climbing+to+justice+...%27&qType=ideas#/post/83839

Create a national legal system

The power of Judicial Veto

An interesting article...

http://ukconstitutionallaw.org/2012/05/03/dawn-oliver-parliamentary-sovereignty-a-pragmatic-or-principled-doctrine/

Significant restrictions on party funding

You seem more cruel that you look Mr. Wellman, in that you don't even provide for membership renewal. I may not be any more right that you, but I do allow for endowments etc.

Also, as Harry Blain has said, perhaps Subscriptions should be set at £5/£10 per annum: no super member, super-duper member, star-chamber member - gold standard, platignum standard etc. etc..

Create a national legal system

Christine, once the basic principles are understood, Legislation and practice will ensure that everybody gets a fair crack of the whip.

Create a national legal system

I'm fairly sure Christine, that in law a word is a word - and has a common meaning readily appreciated by the chap on the Clapham Omnibus...but you did ask...

http://www.electoralcommission.org.uk/__data/assets/pdf_file/0009/150498/Electoral-legislation-comparative-analysis.pdf

"5.We want the review to result in the development of legislation relating to the delivery and conduct of elections, and how to participate in them, that:

•Is clearly drafted

•Is set out in a clear structure using as few legislative vehicles as possible

•Is consistent for all types of electoral events across the United Kingdom

(save where differences are genuinely justified)

•Contains an appropriate balance between certainty and flexibility in terms of what is prescribed in legislation (both primary and secondary) and what is contained in Codes of Practice

•Provides for a modern and workable structure for the administration of elections."

https://research.ncl.ac.uk/media/sites/researchwebsites/northeastlawreview/Amy%20Kerr.pdf

NORTH EAST LAW REVIEW

THE OPERATION OF RULES RELATING TO  FIDUCIARY RELATIONSHIP – CLEAR, CERTAIN, WORKABLE?

AMY KERR